土地被佔一段時間後能否領回?

There are several elements to be satisfied in order to establish "adverse possession":

1. Siu Ming has to physically occupy John’s flat as if he was the owner without permission by John;
2. John has knowledge of the occupation of the flat by Siu Ming and allows the continuation of such occupation; and
3. Siu Ming holds the flat to the exclusion of John.

In Hong Kong, if such adverse possession continues for a period of 12 years consecutively, Siu Ming will get the flat.

Here, obviously requirement 2 is not satisfied. John did not have knowledge of the occupation by Siu Ming until 2006. Even if John took no action after he learnt of the occupation, only 2 years have passed and he still has right over his property.

根據 [逆權佔有] 制度，私人物業被逆權佔有不少於 12年，該物業之業主便不能向佔用人討回物業。Siu Ming 自 1993 年已佔用了 John的物業，而 John 在 2006 年才發覺，己超過 12 年，所以該物業應屬 Siu Ming 所有。